WINN v. PHILADELPHIA PRISON SYSTEM et al

Filing 86

MEMORANDUM ORDER. Defendants SCI-Pine Grove and Supt. Bush's Motion to Dismiss (Doc. 50 ) is GRANTED with prejudice as to the § 1983 claim, with prejudice as to any intended claim for negligence against SCI-Pine Grove and Supt. Bush in hi s official capacity, and the Court declines to exercise supplemental jurisdiction over any intended negligence claim against Supt. Bush in his individual capacity; Defendant Dr. Chun's Motion to Dismiss (Doc. 73 ) is GRANTED, with prejudice; De fendant Correct Care Solutions's Motion to Dismiss (Doc. 54 ) is GRANTED, without prejudice to Plaintiff's filing a third amended complaint to state a claim under § 1983 for violation of his Eighth Amendment rights; if Plaintiff wishe s to file a third amended complaint, as described in the Magistrate Judge's Report, his deadline for doing so is 9/25/17; should Plaintiff file an amended pleading, he must do so consistent with the detailed instructions in the Report; if Plaint iff does not timely file an amended pleading, as described, this lawsuit will proceed only on those claims against Dr. McQuilan, as stated in the Second Amended Complaint; and the Magistrate Judge's Report and Recommendation (Doc. 81 ) is adopt ed as the Opinion of the District Court. Finally, Plaintiff's Motion for extension of time to file a third amended complaint (Doc. 84 ) is DENIED (his deadline for amendment remains 9/25/17). Also, Plaintiff's conditional request that h is address-of-record be updated by the Court, should he be paroled at some unspecified time in the future, will be given no effect. It is incumbent on Plaintiff to keep his address-of-record current, and if it changes, he must file with the Clerk a notice of change of address. Signed by Judge Cathy Bissoon on 8/25/17. (dcd) Staff note: a copy of this filing was sent today, via First-Class U.S. Mail, to Plaintiff's address of record.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

JERMAINE WINN,
Plaintiff,
v.
CORRECT CARE SOLUTIONS, et al.,
Defendants.

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Civil Action No. 16-284
Judge Cathy Bissoon
Magistrate Judge Cynthia Reed Eddy

MEMORANDUM ORDER
This case was referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial
proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B),
and Local Rule of Civil Procedure 72.
On July 25, 2017, the Magistrate Judge issued a Report (Doc. 81) recommending that
Defendants’ Motions to Dismiss (Docs. 50, 54 & 73) be granted; that Plaintiffs’ claims be
dismissed, as described in the Report; and that Plaintiff be granted leave to file a third amended
complaint, pursuant to the Report’s specific instructions. Service of the Report and
Recommendation was made on the parties, and no objections have been filed.
After a review of the pleadings and documents in the case, together with the Report and
Recommendation, it hereby is ORDERED that: Defendants SCI-Pine Grove and Supt. Bush’s
Motion to Dismiss (Doc. 50) is GRANTED with prejudice as to the § 1983 claim, with prejudice
as to any intended claim for negligence against SCI-Pine Grove and Supt. Bush in his official
capacity, and the Court declines to exercise supplemental jurisdiction over any intended
negligence claim against Supt. Bush in his individual capacity; Defendant Dr. Chun’s Motion to
Dismiss (Doc. 73) is GRANTED, with prejudice; Defendant Correct Care Solutions’s Motion to

Dismiss (Doc. 54) is GRANTED, without prejudice to Plaintiff’s filing a third amended
complaint to state a claim under § 1983 for violation of his Eighth Amendment rights; if Plaintiff
wishes to file a third amended complaint, as described in the Magistrate Judge’s Report,
his deadline for doing so is September 25, 2017; should Plaintiff file an amended pleading,
he must do so consistent with the detailed instructions in the Report; if Plaintiff does not timely
file an amended pleading, as described, this lawsuit will proceed only on those claims against
Dr. McQuilan, as stated in the Second Amended Complaint; and the Magistrate Judge’s Report
and Recommendation (Doc. 81) is adopted as the Opinion of the District Court.
Finally, during the objections-period, Plaintiff filed a Motion (Doc. 84) seeking to extend
the period of time by which he must file a third amended complaint, from 30 days
(as recommended in the Magistrate Judge’s Report), to 60 days. Id. In support of this request,
Plaintiff asserts that he expects, at a time unspecified, to have a parole hearing, after which he
may be “conditionally released” from confinement.
Plaintiff’s Motion for extension (Doc. 84) is DENIED. The Magistrate Judge
recommended, and the Court has adopted, the provision of a thirty-day period for Plaintiff to
make specific, limited amendments to his pleadings. That is ample time for Plaintiff to make the
putative amendments; this action has been pending for nearly eighteen months, and it has not yet
surpassed the Rule 12(b) stage; and whether Plaintiff is in custody, or is released, offers no
reasoned basis for extending the deadline. Also, Plaintiff’s conditional request that his addressof-record be updated by the Court, should he be paroled at some unspecified time in the future,
will be given no effect. See Doc. 84 at ¶ 4. The Court has no way of knowing if, and when,
Plaintiff’s address may change. It is incumbent on Plaintiff to keep his address-of-record
current, and if it changes, he must file with the Clerk a notice of change of address.

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IT IS SO ORDERED.

August 25, 2017

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via First-Class, U.S. Mail):
Jermaine Winn
LL-3407
191 Fyock Road
Indiana, PA 15701-6542

cc (via ECF email notification):
All Counsel of Record

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